Defense says she committed suicide

A billboard paid for by Justice For Desta is shown in 2011. Desta Dodson-Byrd was killed in 1999. Husband Jody Byrd is accused of her murder.

Photo provided by Justice For Desta

By Stephanie TaylorStaff Writer | The Tuscaloosa News

Published: Tuesday, October 29, 2013 at 3:30 a.m.

Last Modified: Monday, October 28, 2013 at 11:57 p.m.

CENTREVILLE | Jody Byrd is a man still mourning the death of his wife, not the cold-blooded killer prosecutors have made him out to be, his attorneys said Monday.

But Byrd's actions aren't those of a mourning husband, said prosecutor Pamela Casey. He's changed the details of how he found his wife dead in the driveway of their Brierfield home 14 years ago, she said. The details that he has stuck by, she said, never added up in the first place.

Byrd is on trial for murder in the death of his wife, Desta Dodson-Byrd. He is accused of shooting her with a shotgun at their home in Bibb County on Feb. 25, 1999.

Twelve years passed before investigators charged him with murder.

His attorneys said that the state has no basis to prove that charge, and that the late prosecution of Byrd almost matches the tragedy of her death. Byrd took her own life, said Birmingham attorneys Joe Basgier and Brett Bloomston, who helped win an acquittal for the Jefferson County man accused of killing his wife during a honeymoon scuba diving trip in Australia.

“It's almost shameless that the state has brought this case after this amount of time,” Bloomston told the jury during opening statements Monday afternoon.

The time that has passed will help the jury realize that Byrd is guilty, said Casey, the Blount County District Attorney assigned to prosecute the case because Bibb County's attorneys had a full caseload.

“It's time,” Casey told the jury. “It's time for Desta to be heard, and it's time for the 14 of you to let the truth be known.”

Byrd called 911 at 7:41 the night his wife died. He said he had returned home from his job as a UPS driver to find her lying across the driveway of the home they had recently built. He moved her body closer to the home before placing two unanswered calls to Desta's parents, Casey said. He then called 911, a call that he ended by telling the operator to “take care.”

Jurors heard testimony from a neighbor who heard a shot from a .22 rifle that night and from the 911 operator who took the call. They heard the 14-year-old recording of that call, in which the operator described Byrd as remaining calm. He could be heard saying “What happened to your mama?” to their dog that was barking in the background, during a portion of the call when his attorneys described him as sounding distraught.

Casey said she would call witnesses who would testify that Dodson-Byrd's body was still warm when paramedics arrived 20 minutes after the 911 call.

Witnesses will testify that Byrd's timeline of when he left work and when the 911 call was made don't add up, she said. Investigators will testify that they found Byrd's lunchbox and the paycheck he had received that day inside the house.

Byrd's defense attorneys said they would call witnesses who will testify that Dodson-Byrd had eating disorders and issues with her body image, and weighed just 87 pounds when she died.

She had trouble with grief, and had become depressed by the deaths of a favorite aunt and a dog, Bloomston said. He said he expects to call witnesses who will say that Dodson-Byrd used the rifle to take her own life, he said.

“She was troubled,” he said.

More than 100 people listed in the court file as potential witnesses include former investigators, friends and family members.

There was little movement in the case for years until friends formed a group called “Justice For Desta,” and had billboards placed in Jefferson County that showed a photograph of the striking young woman and the message “Because no one should get away with murder.”

The investigators presented evidence to a grand jury, which issued an indictment charging that Byrd killed his wife to collect proceeds from an insurance policy.

Dodson-Byrd's friends and family have said that she was close to very close with her family members, and even worked in the Social Security Administration office in Birmingham alongside her mother and aunts.

She had dreams of becoming a fashion designer, her father said. She was a fan of the rock band Def Leppard and can be seen in the front row in concert footage featured in two of their videos. She was an animal lover who volunteered at the Humane Society.

The trial before 4th Judicial Circuit Judge Jack Meigs is expected to last at least a week.

<p>CENTREVILLE | Jody Byrd is a man still mourning the death of his wife, not the cold-blooded killer prosecutors have made him out to be, his attorneys said Monday.</p><p>But Byrd's actions aren't those of a mourning husband, said prosecutor Pamela Casey. He's changed the details of how he found his wife dead in the driveway of their Brierfield home 14 years ago, she said. The details that he has stuck by, she said, never added up in the first place. </p><p>Byrd is on trial for murder in the death of his wife, Desta Dodson-Byrd. He is accused of shooting her with a shotgun at their home in Bibb County on Feb. 25, 1999.</p><p>Twelve years passed before investigators charged him with murder. </p><p>His attorneys said that the state has no basis to prove that charge, and that the late prosecution of Byrd almost matches the tragedy of her death. Byrd took her own life, said Birmingham attorneys Joe Basgier and Brett Bloomston, who helped win an acquittal for the Jefferson County man accused of killing his wife during a honeymoon scuba diving trip in Australia.</p><p>“It's almost shameless that the state has brought this case after this amount of time,” Bloomston told the jury during opening statements Monday afternoon.</p><p>The time that has passed will help the jury realize that Byrd is guilty, said Casey, the Blount County District Attorney assigned to prosecute the case because Bibb County's attorneys had a full caseload.</p><p>“It's time,” Casey told the jury. “It's time for Desta to be heard, and it's time for the 14 of you to let the truth be known.”</p><p>Byrd called 911 at 7:41 the night his wife died. He said he had returned home from his job as a UPS driver to find her lying across the driveway of the home they had recently built. He moved her body closer to the home before placing two unanswered calls to Desta's parents, Casey said. He then called 911, a call that he ended by telling the operator to “take care.”</p><p>Jurors heard testimony from a neighbor who heard a shot from a .22 rifle that night and from the 911 operator who took the call. They heard the 14-year-old recording of that call, in which the operator described Byrd as remaining calm. He could be heard saying “What happened to your mama?” to their dog that was barking in the background, during a portion of the call when his attorneys described him as sounding distraught.</p><p>Casey said she would call witnesses who would testify that Dodson-Byrd's body was still warm when paramedics arrived 20 minutes after the 911 call. </p><p>Witnesses will testify that Byrd's timeline of when he left work and when the 911 call was made don't add up, she said. Investigators will testify that they found Byrd's lunchbox and the paycheck he had received that day inside the house. </p><p>Byrd's defense attorneys said they would call witnesses who will testify that Dodson-Byrd had eating disorders and issues with her body image, and weighed just 87 pounds when she died.</p><p>She had trouble with grief, and had become depressed by the deaths of a favorite aunt and a dog, Bloomston said. He said he expects to call witnesses who will say that Dodson-Byrd used the rifle to take her own life, he said. </p><p>“She was troubled,” he said.</p><p>More than 100 people listed in the court file as potential witnesses include former investigators, friends and family members.</p><p>There was little movement in the case for years until friends formed a group called “Justice For Desta,” and had billboards placed in Jefferson County that showed a photograph of the striking young woman and the message “Because no one should get away with murder.”</p><p>The investigators presented evidence to a grand jury, which issued an indictment charging that Byrd killed his wife to collect proceeds from an insurance policy. </p><p>Dodson-Byrd's friends and family have said that she was close to very close with her family members, and even worked in the Social Security Administration office in Birmingham alongside her mother and aunts. </p><p>She had dreams of becoming a fashion designer, her father said. She was a fan of the rock band Def Leppard and can be seen in the front row in concert footage featured in two of their videos. She was an animal lover who volunteered at the Humane Society.</p><p>The trial before 4th Judicial Circuit Judge Jack Meigs is expected to last at least a week.</p><p>Reach Stephanie Taylor at stephanie.taylor@tuscaloosanews.com or 205-722-0210.</p>